Win Against the Insurance Company and Insurance Defense Lawyer

Brad Nakase, Attorney

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Do you want to receive the most money for your injury after a motorcycle accident?

  • Tip: As a former insurance defense lawyer, one of the first places I looked for evidence against the plaintiff was social media. Therefore, a plaintiff should stay off social media to protect themselves from aggressive insurance defense lawyer.

You can often face mounting medical expenses following a bike accident. The financial consequences of the accident can grow significantly when you lose income from missing work. It is only natural then to wonder if you can hold someone else responsible and liable for your losses.

Instead of wandering in the void, you must discuss your case with some experienced motorcycle accident lawyer who could evaluate your losses and help you get the compensation that you rightly deserve. You have nothing to lose by discussing your rights with a lawyer as no reputable law firm in San Diego will charge you even a penny for the initial consultation.

You can hold another party liable if that party’s negligence caused you the injuries and the resulting losses. Different kind of parties may be held liable for their negligence in motorcycle crashes, including:

  • Distracted drivers
  • Impaired drivers
  • Drunk drivers
  • Aggressive drivers
  • Drivers who fail to yield
  • Drivers who make wrong lane changes
  • Companies that sell defective motorbikes
  • Transportation departments that allow defective or dangerous roads

Distracted driving is one of the leading causes of bike crashes in California. Bikes are already harder to see on the roads because drivers primarily look out for cars, trucks, or other bigger vehicles. So, it is all too easy to miss a biker in a blind spot or even in a rearview mirror and try to turn or change lanes right in front of them. Still, the law requires drivers to adequately watch for all types of vehicles, including the smaller ones like motorcycles and bicycles.

After you identify one or more negligent parties involved in your accident, you have different options for obtaining compensation. In most cases, the first step is filing a claim with the negligent party’s insurance company. While insurance claims may seem quite straightforward, the complication in the process can often surprise the victims. Insurers will try their best to limit any payouts by challenging liability or the extent of your losses. A skilled bike accident attorney can protect your rights during this process.

Insurance companies are notorious for revising down claims and offering only a fraction of what was requested. This doesn’t mean you deserve less—it only means that the companies can be greedy and they will try to boost their profits at the expense of victims. They make lowball offers knowing that a common citizen is mostly unaware of his legal rights and could accept whatever they would be offered. Once you sign a settlement, you waive your right to take any additional legal action relating to your accident. This means you can’t ask for more when you later realize how insufficient the settlement was.

For this reason, you should consult with motorcycle accident lawyer and get settlement offers reviewed before you accept anything. We will ensure you don’t end up walking away with less than what you need and deserve.

If an insurance claim will not cover your losses, I can be your motorcycle accident lawyer and  file a personal injury lawsuit on your behalf. My law firm will handle all aspects of your case. We will try to reach a favorable agreement, or even represent you at trial if necessary.

How to Protect Your Rights After a Motorcycle Accident

Compensation would make the lives of motorcycle accident victims easier, but it is not automatically issued to anyone. Even in cases where the other driver is clearly at fault, it has to be claimed and the claim has to be substantiated. In fact, obtaining compensation mostly requires affirmative steps on part of the victim. Victims can do things that hurt their chances of recovering compensation after an accident. To maximize your chances of recovery, you must do the following things after the bike accident:

  • Collect and preserve information about your crash – After a crash, take the time to find and document as much information as possible. Fortunately, if you are not injured enough to require taking to hospital, try to gather evidence at the site of the accident. Take pictures of the aftermath of the crash from multiple angles with your cellphone, highlighting the damage to your motorcycle as well as any road or vehicle defects that may have contributed to the accident. Moreover, try to collect contact information from anyone who may have witnessed the wreck.
  • Keep a record of the way in which your injuries hurt you – The importance of documentation does not stop with leaving the scene of the accident. Bike accident victims are required to establish damages, either to the insurance company or the court. Document, on a daily basis, the way in which your wounds hurt you. Keep detailed notes about any pain or problem – like having difficulty in sleeping. You should also record the activities you have to forgo due to the accident. Notice and note down all the ways in which your injuries damage you emotionally or psychologically.
  • Stay off social media – In the age of social media, a motorcycle accident may seem like a share-worthy event. While your instinct may drive you to share the pictures and status updates about your accident on Facebook, Twitter, Instagram, etc., think twice before doing so. The other party can use anything you post against you as evidence. Your own posts and pictures might help them in establishing that you were partially (or totally) at fault for your accident, or they might claim you are not as much hurt as you claim. Therefore, refrain from using social media at all until your case is finalized.
  • Do not accept an insurance company’s settlement offer before speaking to a motorcycle accident lawyer.  Insurance companies offer settlements to many bike accident victims shortly after the crash. First offers, however, are far less than the compensation you actually deserve. Many people accept these offers because they do not have the experience and skills to determine the value of personal injury cases. Losses like property damage and medical expenses are easier to determine, but things get complex when it comes to noneconomic losses like pain and suffering and loss of quality of life. Therefore, always have a reputable law firm review the facts of your case before accepting a settlement offer. Because when you accept a settlement offer, you absolve the other party from any future liability.

Call or Write for a Free Confidential Consultation

If you or someone you love need an a aggressive and compassionate attorney who will listen and aggressively protect your interest, we invite you to call attorney Brad for a free consultation.

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